Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 79
Octubre
Diciembre
2023
Recibido el 17/08/23 Aceptado el 12/09/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca cn aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
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ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al o y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
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cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
Dr. Hum ber to J. La Ro che. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 41, Nº 79 (2023), 583-594
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Administrative and legal status of
public administration subjects regarding
countering terrorism
DOI: https://doi.org/10.46398/cuestpol.4179.39
Roman Opatsky *
Karina Pisotska **
Andrii Chvaliuk ***
Rostyslav Molchanov ****
Valentyn Tulinov *****
Abstract
The aim of the research was to make known the administrative
and legal status of the subjects of public administration in the
eld of counter-terrorism. It was found that a rather clear and
logical structure of state bodies in the eld of organization and
coordination of the ght against terrorism has been created in
Ukraine. The system of anti-terrorist entities is a set of specic, legally
dened institutions that interact with the aim of preventing, detecting,
stopping and minimizing the consequences of terrorist activities. The
following methods were used in the research: analysis of biographical
sources, synthesis, deduction, comparative analysis and meta-analysis, etc.
In the conclusions it has been established that the President of Ukraine, the
Verkhovna Rada and the Cabinet of Ministers are the key actors in the ght
against terrorism in the system of higher authorities. The dening areas of
action of the President of Ukraine in the sphere of counter-terrorism, are
the activities aimed at regulatory and legal support of counter-terrorism
in Ukraine, which implies: creation, liquidation, reorganization and
management of relevant counter-terrorism entities.
* Doctor of Jurisprudence, Аssistant professor, Professor of the Department of Administrative Law,
Process and Administrative Activity, Dnipropetrovsk State University of Internal Aairs, Dnipro,
Ukraine. ORCID ID: https://orcid.org/0000-0002-8658-8153. Email: opatsky@i.ua
** Associate professor of the Department of Administrative Law Procedure and Administrative Activity,
Dnipropetrovsk State University of Internal Aairs, Dnipro, Ukraine. ORCID ID: https://orcid.
org/0000-0002-9108-2640. Email: pesoczkayakarina77@ukr.net
*** Associate Professor, PhD (Law), Associate Professor of the Department of administrative law, process
and administrative activity, Dnipropetrovsk State University of Internal Aairs, Ukraine. ORCID ID:
https://orcid.org/0000-0001-9795-2734. Email: prepod100500@gmail.com
**** Associate Professor of the Department of Administrative Law, Process and Administrative Activities of
the Faculty of Training Specialists for Units of Preventive Activities of Dnipropetrovsk State University
of Internal Aairs, Candidate of Law, Lieutenant Colonel of Police. ORCID ID: https://orcid.org/0000-
0002-1751-9832. Email: appad404@gmail.com
***** Candidate of Legal Sciences/PhD, Dean of the Faculty №3, Donetsk State University of Internal
Aairs, Ukraine. ORCID ID: https://orcid.org/0000-0002-3972-348X. Email: valentin-tulinov@ukr.
net
584
Roman Opatsky, Karina Pisotska, Andrii Chvaliuk, Rostyslav Molchanov y Valentyn Tulinov
Administrative and legal status of public administration subjects regarding countering terrorism
Keywords: administrative and legal regime; legislation; public
administration matters; counter-terrorism; war in Ukraine.
Situación administrativa y jurídica de las materias de
la administración pública en materia de lucha contra el
terrorismo
Resumen
El objetivo de la investigación fue dar a conocer la situación administrativa
y jurídica de los sujetos de la administración pública en materia de lucha
contra el terrorismo. Se ha comprobado que en Ucrania se ha creado
una estructura bastante clara y lógica de órganos estatales en materia de
organización y coordinación de la lucha contra el terrorismo. El sistema
de entidades antiterroristas es un conjunto de instituciones especícas,
legalmente denidas, que interactúan con el objetivo de prevenir, detectar,
detener y minimizar las consecuencias de las actividades terroristas. En
la investigación se utilizaron los siguientes métodos: análisis de fuentes
biográcas, síntesis, deducción, análisis comparativo y metaanálisis, etc.
En las conclusiones se ha establecido que el presidente de Ucrania, la Rada
Suprema y el Gabinete de ministros son los actores clave en la lucha contra
el terrorismo en el sistema de autoridades superiores. Las áreas denitorias
de acción del presidente de Ucrania en la esfera de la lucha contra el
terrorismo, son las actividades destinadas al apoyo normativo y jurídico
de la lucha contra el terrorismo en Ucrania, lo que implica: la creación,
liquidación, reorganización y gestión de las entidades pertinentes de lucha
contra el terrorismo.
Palabras clave: régimen administrativo y jurídico; legislación; materia
de administración pública; lucha contra el terrorismo;
guerra en Ucrania.
Introduction
According to the Constitution of Ukraine, Ukraine is a sovereign,
independent, democratic, social, legal state and the highest social value of it
is the human being, his or her life and health, honor and dignity, inviolability
and security. However, today there are certain negative phenomena in
Ukraine that encroach on the values proclaimed by the Constitution. One
of the most important problems in Ukraine under modern conditions is
the ght against terrorism. The system of state response and control in
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CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 583-594
the sphere of security in connection with the armed conict in the East of
Ukraine, imperfection of the legal framework and lack of a balanced state
policy in the social sphere, as well as reduction of the spiritual and moral
potential of society are the main factors that contribute to the spread of
terrorism.
Counter-terrorism subjects are involved in countering this extremely
dangerous phenomenon. Improving the activity of these subjects involves
not only improving their organizational structure in order to increase the
mobility and exibility of response to changes in the dynamics of terrorism,
but also strengthening relations and interaction of the relevant departments
involved in anti-terrorist activities.
1. Literature review
The issue of researching the system of activities performed by counter-
terrorism subjects has been reected in scientic works of such legal
scholars as Halaburda Nadiia, Leheza Yevhen, Chalavan Viktor, Yemov
Volodymyr, Yemova Inna etc. (Halaburda et al., 2021).
Within the framework of our research, denition of the concept of
“subject” from a legal point of view is of some interest. It is worth noting
that in legal encyclopedic literature this notion is dened by the term
“subject of law”, which means a participant in legal relations as a bearer
of legal rights and obligations (Shemshuchenko, 2007). Based on this, it
can be assumed that the concept of “subject” is dened in a combination of
such concepts as “person”, “participant”, “group of persons” carrying out a
certain activity on the basis of appropriate amount of powers provided to
them for this purpose. At the same time, it should be noted that according
to Article 1 of the Law of Ukraine dated 20 March, 2003 “On the ght
against terrorism”, the ght against terrorism is an activity related to
prevention, detection, termination, and minimization of consequences of
terrorist activities (Law of Ukraine, 2003). Taking into account the above,
counter-terrorism subjects in Ukraine are participants in legal relations
in the sphere of combating terrorism, who are endowed with the relevant
duties by the specied law.
Based on the dened essence of the concept of “counter-terrorism
subjects in Ukraine”, it is possible to dene the concept of the system of
these subjects. The word “system” comes from the Greek word systema,
which is translated as “a whole that consists of parts; combination”. In the
modern Ukrainian language, the word “system” is used in the following
meanings: the order caused by the correct, planned arrangement and
mutual connection of parts of something; form of organization, structure of
something (state, political, economic units, institutions, etc.); a set of any
586
Roman Opatsky, Karina Pisotska, Andrii Chvaliuk, Rostyslav Molchanov y Valentyn Tulinov
Administrative and legal status of public administration subjects regarding countering terrorism
elements, units, parts united by a common feature, purpose; a structure
that is a unity of regularly arranged and functioning parts (Busel, 2009).
At the same time, taking into account the status of dynamic changes
in this area, the indicated issues require a more comprehensive analysis
including in particular, analysis legal and organizational principles of
activities performed by counter-terrorism subjects in Ukraine within the
framework of the national system of combating terrorism.
2. Materials and methods
The research is based on the works of foreign and Ukrainian researchers
regarding the administrative and legal status of public administration
entities in the procedure of countering terrorism, etc.
With the help of the epistemological method, the administrative-legal
status of public administration subjects regarding counter-terrorism
activities, etc. was claried, thanks to the logical-semantic method, the
conceptual apparatus was deepened, the administrative-legal status of
public administration subjects regarding counter-terrorism activities,
etc. was determined. Thanks to the existing methods of law, we managed
to analyze the essence of the administrative-legal status of public
administration subjects regarding countering terrorism, etc.
3. Results and discussion
The system of counter-terrorism subjects is a set of subjects (entities)
dened at the level of legislation which interact with each other in order to
prevent, detect, stop and minimize consequences of terrorist activities. In
order to reveal the essence of the system of counter-terrorism subjects in
Ukraine, there is a need to nd out the essence and place of each of them
in this system.
The President of Ukraine, the Verkhovna Rada of Ukraine and the
Cabinet of Ministers of Ukraine occupy the leading place in the system of
counter-terrorism subjects among the higher state authorities in Ukraine.
However, it is worth noting that for these subjects the function of combating
terrorism is not specic, but without their participation, a comprehensive
system of countering terrorism cannot exist.
In particular, the legal status of the President of Ukraine as a counter-
terrorism subject is dened in Article 103 of the Constitution of Ukraine,
which describes the principles of his activity as a counter-terrorism subject
in Ukraine and Article 106 denes areas of activity of the President of
Ukraine as a counter-terrorism subject in Ukraine (Law of Ukraine, 1996).
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Vol. 41 Nº 79 (2023): 583-594
The functions performed by the President of Ukraine in the ght
against terrorism are presented in the Regulation “On the procedure for
the preparation and introduction of draft acts by the President of Ukraine”,
approved by the Decree of the President of Ukraine dated 15 November,
2006. Within the limits of his competence, the President of Ukraine also
issues orders regarding the regulatory and legal provision of countering
terrorism in Ukraine and establishing the legal status of other subjects of
this activity.
Based on the above, it is worth pointing out that the President of Ukraine,
as a counter-terrorism subject in Ukraine, alongside with the Verkhovna
Rada and the Cabinet of Ministers of Ukraine, implements functions of
normative and legal regulation of the ght against terrorism. His powers
also include establishment, liquidation, reorganization and management of
specied counter-terrorism subjects.
The Verkhovna Rada of Ukraine is the next entity responsible for
combating terrorism in Ukraine. In particular, 75 of the Basic Law of
Ukraine it is determined that the only body of legislative power in Ukraine
is represented by the parliament - Verkhovna Rada of Ukraine, and Article
85 of the Constitution of Ukraine denes directions of activity of this
legislative body (Law of Ukraine, 1996). Alongside with this, it should be
noted that functioning of this counter-terrorism body is carried out through
adoption of the relevant laws. The Verkhovna Rada of Ukraine, as a counter-
terrorism subject in Ukraine, directs its activities to the regulatory and legal
support of this sphere, as well as on creation, liquidation, reorganization of
other subjects and exercising control in this sphere.
In accordance with Article 4 of the Law of Ukraine “On Combating
Terrorism”, the Cabinet of Ministers of Ukraine, as the highest executive
body, shall organize the ght against terrorism in Ukraine within its
competence and provide it with the necessary forces, means and resources
(Law of Ukraine, 2003). We should point out that according to Article 113
of the Constitution of Ukraine the Cabinet of Ministers of Ukraine is the
highest body in the system of executive authorities (Law of Ukraine, 1996).
The key areas of activity of the Cabinet of Ministers of Ukraine,
characterizing this highest body of executive power as a counter-terrorism
subject in Ukraine, are dened in Article 116 of the Constitution of Ukraine
(Law of Ukraine, 1996) and Article 19 of the Law of Ukraine “On the Cabinet
of Ministers of Ukraine” dated 27 February, 2014 (Law of Ukraine, 2014).
When implementing its functions in the ght against terrorism the
Cabinet of Ministers of Ukraine issues relevant normative legal acts, creates,
liquidates, and reorganizes relevant entities, coordinates and controls their
activities. This body also implements regulatory and legal support and
monitors implementation of legislative acts, in particular those, related to
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Roman Opatsky, Karina Pisotska, Andrii Chvaliuk, Rostyslav Molchanov y Valentyn Tulinov
Administrative and legal status of public administration subjects regarding countering terrorism
the ght against terrorism, and it performs functions of ensuring legality
and preventing illegal encroachments on the interests of people and the
state.
At the same time according to Article 4 of the Law of Ukraine “On
Combating Terrorism”, the specied counter-terrorism subjects (entities)
form an integrated system consisting of two groups. The rst group
includes subjects (entities) that directly ght terrorism within the scope
of their competence: the Security Service of Ukraine; the Ministry of
Internal Aairs of Ukraine; the National Police; the Ministry of Defence
of Ukraine; the central bodies of executive power that ensure formation
and implementation of state policy in the sphere of civil protection; the
central body of the executive power which implements state policy in the
sphere of protection of the state border; the central body of the executive
power, which implements state policy in the sphere of execution of criminal
punishments; State Security Oce of Ukraine; the central body of the
executive power, which implements state tax policy, state policy in the
sphere of state customs aairs(Law of Ukraine, 2014).
The second group includes entities that, if necessary, are involved
in implementation of measures related to prevention, detection and
termination of terrorist activities: the central body of the executive
power, which implements state policy in the sphere of prevention and
countermeasures against the legalization (laundering) of proceeds
obtained through crime or nancing of terrorism; the Foreign Intelligence
Service of Ukraine; the Ministry of Foreign Aairs of Ukraine; the State
Service of Special Communications and Information Protection of
Ukraine; the central bodies of executive power, which ensure formation
and implementation of state policy in the sphere of health care; the central
bodies of executive power, which ensure formation and implementation of
state policy in the electric power, coal, industrial and oil and gas complexes;
the central body of executive power implementing state policy in the sphere
of managing state-owned objects; the central bodies of executive power,
which ensure formation and implementation of state policy in the spheres
of transport; the central bodies of executive power ensuring formation and
implementation of state nancial policy; the central bodies of executive
power that ensure formation and implementation of state policy in the
sphere of environmental protection; the central bodies of executive power
that ensure the formation and implementation of the state agrarian policy
(Leheza et al., 2022).
Other central and local bodies of executive power, local self-
government bodies, enterprises, institutions, organizations regardless of
subordination and form of ownership, their ocials, as well as citizens
may with their consent be involved in anti-terrorist operations by decision
of the management of the anti-terrorist operation in compliance with the
requirements of this law (Law of Ukraine, 2003).
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It is worth noting that the successful provision of countering terrorism
in Ukraine requires joint participation in this activity of state structures,
counter-terrorism subjects, and civil society. In this regard, it is important
to establish a exible constructive interaction of state bodies with public
institutions, mass media for the purpose of carrying out coordinated
activities in prevention of crimes and rendering help in eliminating threats
to the safety of a person, society, and the state.
In the context of the investigated issue, it should be noted that the
main body in the national system of combating and countering terrorism
is represented by the Security Service of Ukraine. In accordance with the
Law of Ukraine “On the Security Service of Ukraine”, the Security Service
of Ukraine is a special state law enforcement agency that ensures the state
security of Ukraine (Law of Ukraine, 1992).
Under the Security Service of Ukraine there is the Anti-Terrorist Center;
in accordance with part 7 of Article 4 of the Law of Ukraine “On Combating
Terrorism” and Article 1 of the Regulation “On the Anti-Terrorist Center
and its Coordination Groups at the Regional Bodies of the Security Service
of Ukraine”, approved by the Decree of the President of Ukraine dated April
14, 1999 No. 379/99, it is a permanent body under the Security Service
of Ukraine which coordinates activities of counter-terrorism subjects
(entities) in preventing terrorist acts against government ocials, critical
infrastructure objects of life support for the population, objects of increased
danger, as well as in preventing acts that threaten the life and health of a
signicant number of people, and in their termination
According to p. 7 of the specied Regulation, the Center is structurally
composed of the Interagency Coordinating Committee (ICC), headquarters,
as well as coordination groups and their headquarters created under the
regional bodies of the Security Service of Ukraine. In accordance with
clause 8, the Center is headed by a manager who is appointed from among
the rst deputies of the Chairman of the Security Service of Ukraine and is
relieved of his duties by the President of Ukraine.
In its activities, the Center accumulates and analyzes information,
which makes it possible to determine the strategy and tactics of combating
terrorism within the state and at the international level. Professional
training of special forces and means included in the Anti-Terrorist Center
(ATC) from specied ministries and departments is carried out on a single
methodical base (within the competence dened by the Constitution and
laws of Ukraine).
For the purposeful performance of the specied tasks (clause 5 of the
Regulation), the Center has the appropriate powers primarily relating
to coordination and organization of preparation and implementation of
measures intended to stop terrorist manifestations, as well as related to
590
Roman Opatsky, Karina Pisotska, Andrii Chvaliuk, Rostyslav Molchanov y Valentyn Tulinov
Administrative and legal status of public administration subjects regarding countering terrorism
actions performed by units and forces involved in implementation of
these measures, provision of methodical assistance and recommendations
to counter-terrorism subjects in identifying and eliminating causes and
conditions that contribute to the commitment of terrorist acts and other
crimes committed with a terrorist purpose. The Center also develops
proposals concerning improvement of legislative and other normative legal
acts, it participates in preparation of draft international treaties of Ukraine
in the sphere of combating terrorism(Leheza et al., 2022).
According to Clause 9 of the Regulation and Part 3 of Article 7 of the
Law of Ukraine “On Combating Terrorism”, the composition of the Center’s
Interagency Coordination Committee is determined. In the course of its
activity, the ICC as a collegial advisory body of the ATC coordinates conceptual
foundations and projects of anti-terrorism programs, recommendations on
functioning of the general national system of combating terrorism, joint
projects of ministries and agencies aimed at preventing and stopping
terrorist crimes, plans of regional coordination groups; it organizes and
conducts anti-terrorist operations, command-sta exercises and special
tactical training exercises, etc. (Matviichuk et al., 2022).
The headquarters of the Anti-Terrorist Center is the executive working
body of the Center, which carries out current organizational work to fulll
the tasks assigned to the ATC. In particular, the headquarters developed
proposals for the current Law of Ukraine “On Combating Terrorism”, as well
as a number of decrees, orders of the President of Ukraine and Government
resolutions in the sphere of combating terrorism. An information and
analytical group functions as part of the headquarters to analyze current
risks and threats in the sphere of combating terrorism, and representatives
of counter-terrorism subjects (entities) can be involved in the work on a
voluntary basis in accordance with the established procedure (Zhukova et
al., 2023).
Composition of the coordination groups at the regional bodies of the
Security Service of Ukraine and the organizational support for their
activities is determined in accordance with Article 7 of the Law of Ukraine
“On Combating Terrorism” (Law of Ukraine, 2003), the Regulation on the
Anti-Terrorist Center and its coordination groups at the regional bodies of
the Security Service of Ukraine and Provisions on the unied state system
of prevention, response and termination of terrorist acts and minimization
of their consequences.
Regional coordination groups have the following functions: collecting,
generalizing, analyzing and evaluating information about the state and
trends of the spread of terrorism in the region; developing recommendations
aimed at improving the national system of combating terrorism, creating
preventive anti-terrorist plans regarding probable objects of terrorist
tendencies; carrying out anti-terrorist operations, as well as performing
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Vol. 41 Nº 79 (2023): 583-594
education and training, coordinating activities of representatives of
counter-terrorism entities in the region, etc. (Leheza et al., 2023).
In addition, military-civilian administrations can be created and they can
operate as part of the ATC under the Security Service of Ukraine - temporary
state bodies that are appointed to ensure activity of the Constitution and
laws of Ukraine, ensure the safety and normalization of the population’s
life, law and order, participation in countering acts of sabotage and terrorist
acts, preventing a humanitarian disaster in the area of performing anti-
terrorist operations.
However, it is worth noting that until now there has not been suciently
eective coordinated cooperation of state authorities (in particular, counter-
terrorism subjects) with public and other institutions of civil society, and
this has a negative eect on the process of creating additional conditions and
opportunities for the accumulation of both state and social organizational
and intellectual potential in the sphere of countering terrorism. Productive
interaction of state bodies and the public would contribute, on the one
hand, to the strengthening of guarantees of compliance with the law, the
rights and freedoms of citizens in the context of advancing Ukraine along
the path of European integration, and on the other hand, it would contribute
to the implementation of innovative projects for the public prevention of
terrorism and extremism and to the establishment of civil control over the
state national security system.
Conclusion
Thus, we can establish that the President of Ukraine, the Verkhovna
Rada of Ukraine and the Cabinet of Ministers of Ukraine are the key actors
in countering terrorism in Ukraine in the system of higher authorities.
The dening areas of activity of the President of Ukraine in the sphere
of countering terrorism are the activities aimed at the regulatory and
legal support of countering terrorism in Ukraine creation, liquidation,
reorganization and management of the relevant counter-terrorism subjects.
The Verkhovna Rada of Ukraine, as a counter-terrorism subject,
implements functions related to the regulatory and legal support of
the ght against terrorism in Ukraine, regarding creation, liquidation,
reorganization of relevant counter-terrorism subjects (entities), as well as
regarding control over their activities.
For the purpose of countering terrorism in Ukraine the Cabinet of
Ministers of Ukraine creates, liquidates, reorganizes the relevant counter-
terrorism subjects (entities), and also coordinates, controls and manages
their activities; it carries out regulatory and legal support and inspection of
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Roman Opatsky, Karina Pisotska, Andrii Chvaliuk, Rostyslav Molchanov y Valentyn Tulinov
Administrative and legal status of public administration subjects regarding countering terrorism
implementation of legislative acts, in particular, those related to the ght
against terrorism; it also directs activities to ensure legality and prevent
illegal encroachments on the interests of people and the state.
The Anti-Terrorist Center under the Security Service of Ukraine
implements the national anti-terrorist policy and interdepartmental tasks
for organization and coordination of the ght against terrorism mainly
through functionally oriented members of the ICC. There are coordination
groups functioning under regional bodies of the Security Service of Ukraine.
A system of legal norms has been developed; this system regulates activities
of the named institutes at the domestic and international levels.
In their activities counter-terrorism subjects are primarily guided
by those normative legal acts that determine their place in the system of
executive authorities. Their professional activity is aimed at counteracting
the relevant terrorist manifestations, namely, identifying and stopping
terrorist acts, detaining and arresting persons who have committed such
acts, bringing them to administrative or criminal liability, indemnifying the
victims, etc.
It is also worth noting that combating modern terrorism requires
a systematic approach, where, along with a complex of state and legal
measures an active activity of civil institutions of our society should be
an important component. In connection with this, there is a need to
consolidate various public currents in order to support the global strategy
for combating terrorism and to create a multi-functional and multi-level
system for combating this phenomenon. Such a system should combine the
optimal use of the intellectual potential of the nation, the universal human
factor of the state and mobilization of this factor in order to solve issues of
combating terrorism.
In view of the above, we note that the Anti-terrorist system of Ukraine
is equipped with exible and operational use of forces and means, as well
as a normatively justied scheme for managing anti-terrorist measures.
However, in our opinion, it is advisable to direct its further improvement to
the following: optimization of activities performed by regional coordination
groups of the Anti-Terrorist Center at the Security Service of Ukraine,
whose competence covers the tasks and functions of combating terrorism
in the direction of strengthening their organizational and management
component; improving qualications of representatives of counter-
terrorism subjects in the areas of activity with the aim of improving resource
and personnel support; development and approval of the state Program on
promotion and development of the interaction between counter-terrorism
subjects (entities) and the civil society; determination at the legislative level
of the Procedure for participation of public organizations in combating
terrorism, etc.
593
CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 583-594
Bibliographic References
BUSEL, Viacheslav 2009. A large explanatory dictionary of the modern
Ukrainian language. Irpin: VTF «Perun», Ukraine, Kyiv.
HALABURDA, Nadiia; LEHEZA, Yevhen; CHALAVAN, Viktor; YEFIMOV,
Volodymyr; YEFIMOVA, Inna. 2021. “Compliance with the principle of
the rule of law in guarantees of ensuring the legality of providing public
services in Ukraine” In: Journal of law and political sciences. Vol. 29, No.
4, pp. 100-121.
LAW OF UKRAINE. 1992. About the Security Service of Ukraine: Law of
Ukraine No. 2229-ХІІ. Information of the Verkhovna Rada of Ukraine.
No. 27. Art. 382.
LAW OF UKRAINE. 1996. The Constitution of Ukraine. Information of the
Verkhovna Rada of Ukraine. No. 30. Art. 141.
LAW OF UKRAINE. 1999. About the Regulation on the Anti-Terrorist Center
and its coordination groups under the regional bodies of the Security
Service of Ukraine: Decree of the President of Ukraine No. 379/99.
Ocial Gazette of Ukraine. No. 7. Art. 302.
LAW OF UKRAINE. 2003. On the ght against terrorism: Law of Ukraine No.
638-IV //. Bulletin of the Verkhovna Rada of Ukraine. No. 25. Art. 180.
LAW OF UKRAINE. 2014. About the Cabinet of Ministers of Ukraine: Law of
Ukraine No. 794-II //. Bulletin of the Verkhovna Rada of Ukraine. No.
22. Art. 222.
LEHEZA, Yevhen; LIUDVIK, Valentyn; FILIPP, Anastasiia. 2023. “Interacción
de los cuerpos y fuerzas de seguridad de Ucrania en la revelación de
delitos y crímenes: normas internacionales y experiencia extranjera” In:
DIXI. Vol. 25, No. 2, pp. 1–15.
LEHEZA, Yevhen; PISOTSKA, Karina; DUBENKO, Oleksandr; DAKHNO,
Oleksandr; SOTSKYI, Artur. 2022. “The Essence of the Principles
of Ukrainian Law in Modern Jurisprudence” In: Revista Jurídica
Portucalense. Available online. In: https://doi.org/10.34625/issn.2183-
2705(32)2022.ic-15. Consultation date: 16/06/2023.
LEHEZA, Yevhen; NALYVAIKO, Larysa; SACHKO, Oleksandr; SHCHERBYNA,
Victor; CHEPIK-TREHUBENKO. Olha. 2022. “Principles of law:
Methodological approaches to understanding in the context of modern
globalization transformations”. Ius Humani. Law Journal, 11(2), 55-
79. Available online. In: https://doi.org/https://doi.org/10.31207/
ih.v11i2.312 Consultation date: 16/06/2023.
594
Roman Opatsky, Karina Pisotska, Andrii Chvaliuk, Rostyslav Molchanov y Valentyn Tulinov
Administrative and legal status of public administration subjects regarding countering terrorism
MATVIICHUK, Anatolii; SHCHERBAK, Viktor; SIRKO, Viktoria; MALIEIEVA,
Hanna; LEHEZA, Yevhen. 2022. “Human principles of law as a universal
normative framework”. Cuestiones Políticas. Vol. 40, No. 75, pp. 221-231.
SHEMSHUCHENKO, Yurii Serhiiovych. 2007. A large encyclopedic legal
dictionary. Legal Opinion. Ukraine, Kyiv.
ZHUKOVA, Yevheniia; BRYL, Kostyantyn; SVYSTUN, Larysa; KOBRUSIEVA,
Yevheniiа; LEHEZA, Yevhen. 2023. “Legal regulation of public
administration of education and science. In: Cuestiones Políticas. Vol.
41, No. 76, pp. 336-346.
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Esta revista fue editada en formato digital y publicada
en octubre de 2023, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 79